Event and Time
Event Description
Gregory Lynn is charged with the murders of Russell Hill and Carol Clay, with his trial scheduled to start with jury empanelment. Prior to the trial, the Director of Public Prosecutions filed a tendency notice under section 97 of the Evidence Act 2008 (Vic), proposing to use character evidence about Russell Hill to argue that he would not have acted in a way that Gregory Lynn described in his statement to police.
Application and Claims
- The prosecution sought to introduce character evidence of Russell Hill to discredit Gregory Lynn's account that Mr. Hill confronted him with a loaded shotgun.
- Key pieces of evidence included witness descriptions of Russell Hill's personality and the fact that he had no firearms license or criminal history.
- The defense argued that the tendency notice lacked sufficient content and relevance, rendering the evidence inadmissible.
Judicial Decisions
- The court found the tendency evidence proposed by the prosecution inadmissible as it did not meet the significant probative value required by section 97(1)(b) of the Evidence Act.
- The evidence about Mr. Hill's lack of a firearms license was deemed relevant only as circumstantial evidence but not enough to support the tendency asserted by the prosecution.
Dispute Points and Legal Basis
Dispute Points
- Prosecution's Claims:
- The evidence shows Russell Hill's character makes it unlikely he would engage in violent behavior as alleged. - Witnesses described Hill as quiet, secretive, and non-vindictive, suggesting he would not act violently.
- Defense's Arguments:
- The prosecution's tendency notice provided insufficient notice and did not specify an identifiable tendency. - Character evidence presented was too general (e.g., being a quiet person) to demonstrate Mr. Hill's potential actions in the context of the allegation. - Prior criminal history or lack of firearms licensing does not equate to behavioral tendency relevant to the charges.